I called out the NRA for supporting anti gun legislation here in Alabama and this is what I got for an answer me I just lost all faith in your institution when I found out you endorse the undermining of the laws here in Alabama you allow your name to be associated with such an underhanded bill that removes the rights of Law Abiding Citizens here is what I am Talking about ATTENTION!!!!! On the November ballot will be a Constitutional Amendment that is of monumental importance for the protection of gun rights in Alabama. The majority of the gun laws that impact Alabama Citizens on a daily basis are not federal laws, but laws that are passed by our state legislature. Alabama is fortunate to have a conservative pro-gun legislature, but that may not always be the case. When dealing with court cases involving the issue of a individuals constitutional rights, or the ability of government to curtail those rights, the courts use a balancing test between the importance of the rights of the individual and the importance of maintaining public safety by allowing those rights to be curtailed. Currently there are three levels of scrutiny applied to the issues of constitutional rights; Rational Basis, Intermediate Scrutiny, and Strict Scrutiny. Passage of this Amendment will go far in protecting the rights of future generations of Alabama Citizens who may not have the blessings of a pro-gun legislature, and be faced with passage of laws that significantly curtail their right to bear arms. This Amendment is supported by the National Rifle Association, Second Amendment Foundation, The Citizens Committee on the Right to Keep and Bear Arms, Gun owners of America, and every attorney who has argued for gun rights in every court in this nation including Alan Guara, who argued the Heller v DC and McDonald v Chicago gun rights cases. Alabama Gun Rights Inc., asks our members to make your family and friends aware of this important constitutional amendment and ask them to vote for the amendment on the November ballot. Please go to the polls and vote yes on Statewide Constitutional Amendments 1, 3, and 5 in November. Sincerely, George Owens Legislative Affairs Director Alabama Gun Rights. Inc. National Rifle Association 10/1, 12:37pm National Rifle Association How does this remove the rights of law abiding citizens in AL? Timothy Hull 10/1, 12:42pm Timothy Hull Amendment No. 3 ... just say NO: Our right to bear arms for defense is ALREADY recognized as a fundamental right in our Declaration of Rights: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ... We note that [s]ection 36 erects a firewall between the Declaration of Rights that precedes it and the general powers of government, including the authority to exercise judicial power, that follow it. Ex parte Cranman, 792 So.2d 392, 401 (Ala. 2000). Sections 1 through 35 of Article I set out basic and fundamental rights guaranteed to all Alabamians, and § 36 provides that no branch of government has the authority to impair or deny those rights. Section 6 ensures that no Alabamian will be deprived of life, liberty, or property without due process of law. ... 1568 Montgomery Hwy. v. City of Hoover, 45 So. 3d 319 - Ala: Supreme Court 2010 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Strict scrutiny is ALREADY the standard for interpretation where fundamental rights are involved according to the Alabama Supreme Court: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx “ …State action that limits a fundamental right is generally subject to strict scrutiny. Troxel, 530 U.S. at 80, 120 S.Ct. 2054 (Thomas, J., concurring in judgment); Clark v. Jeter, 486 U.S. 456, 461, 108 S.Ct. 1910, 100 L.Ed.2d 465 (1988) ([C]lassifications affecting fundamental rights ... are given the most exacting scrutiny.); Graham v. Richardson, 403 U.S. 365, 375, 91 S.Ct. 1848, 29 L.Ed.2d 534 (1971) …” Ex parte ERG, 73 So. 3d 634 - Ala: Supreme Court 2011 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx The Alabama Court of Criminal Appeals is NOT our court of last resort. Here’s what our court of last resort says about the fundamental rights enumerated in our Declaration of Rights: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx “Section 36 erects a firewall between the Declaration of Rights that precedes it and the general powers of government, including the authority to exercise judicial power, that follow it.” Ex parte Cranman, 792 So. 2d 392 - Ala: Supreme Court 2000 We note that [s]ection 36 erects a firewall between the Declaration of Rights that precedes it and the general powers of government, including the authority to exercise judicial power, that follow it. Ex parte Cranman, 792 So.2d 392, 401 (Ala. 2000). Sections 1 through 35 of Article I set out basic and fundamental rights guaranteed to all Alabamians, and § 36 provides that no branch of government has the authority to impair or deny those rights. 1568 Montgomery Hwy. v. City of Hoover, 45 So. 3d 319 - Ala: Supreme Court 2010 “... Article I of our Constitution of 1901 enunciates a Declaration of Rights, wherein certain fundamental rights are guaranteed to all of our citizens. All of the provisions of the Declaration of Rights are to be liberally construed in favor of the citizen. Gayden v. State, 262 Ala. 468, 80 So.2d 501.” Davis v. State, 291 So. 2d 346 - Ala: Supreme Court 1974 Timothy Hull 10/1, 12:58pm Timothy Hull so all it is is a loophole to restrict gun rights! Wednesday Timothy Hull 10/1, 10:05pm Timothy Hull waited for an answer so that tells me that you NRA are AGAINST GUN RIGHTS !!! this i will pose online as much as i can to show everyone exactly how you are!! National Rifle Association 10/1, 10:26pm National Rifle Association That of course is ridiculous. We obviously just dont agree over what is clearly a progun advancement for gun owners in the state of Alabama. Timothy Hull 10/1, 10:48pm Timothy Hull no you just dont even acknowledge that i do have a point and ignoring me is not the way to handle this and you are ignorant of the implications that this will have be a loophole that anti gun legislation will have a field day with if anything can be scrutinized then it can be changed for the worse as it is already it cannot be infringed and I am not alone just ask Bama Carry with over 8000 members and counting the majority there can see what will happen if this is passed if you dont believe me then just ask!! oh im sorry you still believe that AGR is the gun rights group in Alabama well for your information it is not has not been for years and George Owens is a paid crony for anti gun groups!! Today Timothy Hull 3:20pm Timothy Hull here is why we dont need this infringement and you say strict scrutiny is good? Korematsu v. United States (1944) the Supreme Court used strict scrutiny to uphold interment for Americans of Japanese descent. You will not convince me it cant be misused.
Posted on: Thu, 02 Oct 2014 20:28:38 +0000
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